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2022 Supreme(Mad) 361

R.VIJAYAKUMAR
P. Chinnadurai – Appellant
Versus
T. Subbuthai – Respondent


Advocates:
Advocate Appeared:
For the Appellants : V. Meenakshisundaram, S. Vashik Ali.

JUDGMENT :

R. VIJAYAKUMAR, J.

Prayer: Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree, dated 26.02.2021 passed in A.S. No. 236 of 2017 on the file of the Sub Court, Thiruchendur reversing the judgment and decree, dated 23.01.2015 passed in O.S. No. 87 of 2012 on the file of the District Munsif Court, Srivaikundam.

1. The plaintiff is the appellant herein.

2. The plaintiff filed O.S. No. 87 of 2012 before the District Munsif Court, Srivaikundam, for permanent injunction restraining the defendant from interfering with his peaceful possession and enjoyment of the suit schedule properties. The suit was decreed by the trial Court. The defendant filed A.S. No. 236 of 2017 before the Sub Court, Thiruchendur. The learned Subordinate Judge was pleased to allow the appeal and dismiss the suit. As against the same, the plaintiff has filed the above Second Appeal.

3. The plaintiff has contended that the suit schedule properties originally belonged to his father Pitchandi and he died intestate. After his death, the property devolved upon the plaintiff and his sister Deivakani. His sister Deivakani was married off with jewels and other materials a

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